Garrett v. Fireman's Fund Insurance Co.

GRIMES, Judge.

The question of whether someone other than a named insured can recover attorney’s fees incident to a successful suit on an insurance policy has plagued our sister courts for several years. We now join the fray.

Beverly Garrett, petitioner, sustained injury in an automobile accident while riding in a car owned by Charles Footman. Footman had automobile insurance with the respondent, Fireman’s Fund Insurance Company, which included personal injury protection benefits. This policy listed Footman as named insured, and no one else.

After the accident, Garrett received medical…